Hello. I have searched the board for an answer to this question, but haven't been able to find one.
Background.....we filed chapter 7 in the middle district in Florida in May. We had our 341 meeting 3 weeks ago. Since we have not lived in Florida for 2 years, we were able to use federal exemptions. We were deemed a no asset case,we check Pacer often, and everything is going smoothly.
We own 2 timeshare units at the same resort. We own both of them free and clear, and the maintenance and taxes on each is about 700 dollars per year. We are behind on the maintenance fees and taxes (they were due in January 2010). We included both units in the bankruptcy and did not exempt them. Since they are basically worthless, the trustee abandoned them.
We want to give back "unit A" because it is a winter week and we no longer use it. "Unit B" is a summer week and we would like to keep it. So here are my questions:
If I send the money in for the taxes and maintenance on "unit B", can we keep it without reaffirming it? Our week is coming up in 2 weeks, and I would like to go. We are doing better financially since we filed, and I know we can afford the 700 dollars a year with no problem. We live an hour and a half from the resort and my kids really look forward to that vacation every summer. If I sent the money in now, do you think we could still go in a couple weeks even though we aren't yet discharged?
As for "unit A"....can I just give it back to the resort? Do I have to wait until the discharge to transfer it back to them? Just not sure what I am supposed to do with it. Since the taxes and maintenance fees are being discharged, I have no intention of catching those up for this unit.
Any guidance would be appreciated. Reading this board has kept us sane during this process. Thank you all for the wealth of information!
Background.....we filed chapter 7 in the middle district in Florida in May. We had our 341 meeting 3 weeks ago. Since we have not lived in Florida for 2 years, we were able to use federal exemptions. We were deemed a no asset case,we check Pacer often, and everything is going smoothly.
We own 2 timeshare units at the same resort. We own both of them free and clear, and the maintenance and taxes on each is about 700 dollars per year. We are behind on the maintenance fees and taxes (they were due in January 2010). We included both units in the bankruptcy and did not exempt them. Since they are basically worthless, the trustee abandoned them.
We want to give back "unit A" because it is a winter week and we no longer use it. "Unit B" is a summer week and we would like to keep it. So here are my questions:
If I send the money in for the taxes and maintenance on "unit B", can we keep it without reaffirming it? Our week is coming up in 2 weeks, and I would like to go. We are doing better financially since we filed, and I know we can afford the 700 dollars a year with no problem. We live an hour and a half from the resort and my kids really look forward to that vacation every summer. If I sent the money in now, do you think we could still go in a couple weeks even though we aren't yet discharged?
As for "unit A"....can I just give it back to the resort? Do I have to wait until the discharge to transfer it back to them? Just not sure what I am supposed to do with it. Since the taxes and maintenance fees are being discharged, I have no intention of catching those up for this unit.
Any guidance would be appreciated. Reading this board has kept us sane during this process. Thank you all for the wealth of information!
| 341: 2009-12-14: | DISCHARGED: 2010-02-09 
Comment